Trial cut short

Press, 18 June 1982, Page 5

Trial cut short

A scheduled week-long trial of six defendants on multiple charges arising from alleged attempts at retribution against a former boyfriend of one defendant, came to an early end in the District Court yesterday.

After an adjournment of the trial yesterday morning, during which deliberations were held amongst the Crown prosecutor (Mr C. B. Atkinson), and counsel for the defendants. Mr Atkinson announced that the Crown would not proceed on certain charges, upon pleas of guilty by the defendants to others.

Three of the charges in which no further evidence was offered named all six defendants as being jointly involved. The defendants admitted a total of 25 charges including wilful damage, injury with intent, and having offensive weapons. Some of these offences involved all six defendants jointly. Conspiracy charges against the six to injure Clive Neil McClure with intent, and to wilfully'damage houses and cars belonging to Mr McClure or his friends or associates were dropped, as was a count against the six. of wilfully damaging a house and car at a property at 13 Edgeware Road. On the charges which the defendants admitted, Judge Fraser convicted them and remanded them on bail to July 1 for sentence. The defendants were LeeAnn Jane Brewer, aged 19, (Mr D. J. Taffs), Robert Michael Hendry, aged 20 (Mr N. P. Chapman), and Michael John Holmes, aged 20, William Thomas Holmes aged 22, John William Frater, aged 21, and Gregory Lance Bamford aged 20, all four represented by Messrs E. Bedo and D. C. Fitzgibbon. When the trial opened on

Monday the six had denied all charges, comprising the two conspiracy charges against all six jointly, and joint or individual charges of injury with intent (two), wilful damage (three), having offensive weapons (four) and a charge against one defendant of unlawful possession of a .22 rifle.

Periods of the trial during the first three days continued in the absence of the jury, as legal points relating to the admissibility, of defendant’s statements, and evidence to be given, were raised. The jury was not called yesterday.

After counsel's deliberations Mr Atkinson announced that the Crown did not oppose applications by all six defendants for discharges, under provisions of the Crimes Act, on the counts of conspiracy to injure Mr McClure with intent and conspiracy to wilfully damage houses and cars belonging to Mr McClure or friends or associates, and on the joint charge involving the six of wilfully damaging a house and car at 13 Edgeware Road.

Similar applications for discharge on charges against them, agreed to by the Crown, were made in respect of Brewer (two charges), Hendry (one), and William Holmes (one). The offences which the defendants admitted and were remanded on for sentence, were: Brewer, injuring Robert Charles Cullen with intent, and injuring Norman James Clark with intent (both joint charges). Hendry, injuring Mr Cullen and Mr Clark with intent, wilful damage to a flat and car' at 305 Eastern Terrace and a house at 15 Edmonds Street (all joint charges). Michael Holmes, wilful

damage to the Eastern Terrace and Edmonds Street properties, injuring Mr Cullen and Mr Clark with intent (all joint charges) and separate charges of carrying an offensive weapon, a piece of wood, at the Edmonds Street property and unlawfully possessing a .22 rifle in Fitzgerald Avenue. William Holmes, injuring Mr Cullen and Mr Clark with intent, wilful damage to property at Eastern Terrace and Edmonds Street (all joint charges), and a separate charge of carrying an offensive weapon, a chain, at the Eastern Terrace property. Frater, injuring Mr Cullen and Mr Clark with intent and wilful damage to property at Eastern Terrace and Edmonds Street (all joint charges).

Bamford also the same four joint charges as Frater. Mr Taffs, in seeking the discharges on the counts agreed to by the Crown against Brewer, said that in her statement to police the defendant had told the other defendants there was to be no damage to houses or property.

He said the Crown apparently accepted that she was not in fact at any of the scenes, other than being in a car.

Mr Taffs said Brewer’s guilty pleas to the injuring charges explained her state of mind, and also that some people might have had weapons. In March, two other defendants pleaded guilty and were sentenced on unlawful assembly offences against them in relation to the same incidents, which* occurred when properties in Edgeware Road, Eastern Terrace, Edmonds Street, and Worcester Street were visited by the group during two nights in early December.